87130 Federal Register /Vol. 81, No. 232/Friday, …

1 87130 Federal Register / Vol. 81, No. 232 / friday , december 2, 2016 / rules and Regulations 142 2000d et seq. 220 1681 et seq. 342 6101 et seq. 429 794. 542 2000e et seq. 642 12101 et seq. 742 12101 et seq., Public Law 110 325, 122 Stat. 3553 (2008). 829 791. 9 Executive Order 11246, 30 FR 12319, Sept. 24, 1965, as amended by Executive Order 11375, 32 FR 14303, Oct. 17, 1967; Executive Order 12086, 43 FR 46501, Oct. 10, 1978; Executive Order 13279, 67 FR 77141, Dec. 12, 2002; Executive Order 13665, 79 FR 20749, Apr. 8, 2014; and Executive Order 13672, 79 FR 42971, July 21, 2014.

2 1029 793. 11 This includes one comment that was withdrawn and reissued without personally identifiable information and one comment documenting contact with an outside party during the comment period. DEPARTMENT OF LABOR Office of the Secretary 29 CFR Part 38 RIN 1291 AA36 Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Innovation and Opportunity Act AGENCY: Office of the Secretary, Labor. ACTION: Final rule. SUMMARY: This final rule revises the Department of Labor (Department) regulations implementing the nondiscrimination and equal opportunity provisions of Section 188 of the Workforce Innovation and Opportunity Act (WIOA).

3 Signed by President Obama on July 22, 2014, WIOA superseded the Workforce Investment Act of 1998 (WIA) as the Department s primary mechanism for providing financial assistance for a comprehensive system of job training and placement services for adults and eligible youth. Section 188 of WIOA prohibits the exclusion of an individual from participation in, denial of the benefits of, discrimination in, or denial of employment in the administration of or in connection with any programs and activities funded or otherwise financially assisted in whole or in part under Title I of WIOA because of race, color, religion, sex, national origin, age, disability, or political affiliation or belief, or, for beneficiaries, applicants, and participants only, on the basis of citizenship status.

4 Or participation in a program or activity that receives financial assistance under Title I of WIOA. This final rule updates Department regulations consistent with current law and addresses its application to current workforce development and workplace practices and issues. DATES: Effective Date: These regulations are effective december 2, 2016 . FOR FURTHER INFORMATION CONTACT: Naomi Barry-Perez, Director, Civil Rights Center, Department of Labor, 200 Constitution Avenue NW., Room N 4123, Washington, DC 20210. CRC- telephone (202) 693 6500 (VOICE) or (202) 877 8339 ( Federal Relay Service for TTY).

5 SUPPLEMENTARY INFORMATION: Executive Summary Regulatory History WIOA contains the identical provisions of Section 188 as appeared in WIA, and these WIOA provisions took effect on July 1, 2015. To ensure no regulatory gap while this rule was prepared, the Department s Civil Rights Center (CRC) issued a final rule in July 2015 ( 2015 rule ), codified at 29 CFR part 38, which applies until this rule takes effect. The 2015 rule retained the provisions in 29 CFR part 37 ( 1999 rule ) but simply substituted all references to WIA with WIOA to reflect the proper statutory authority.

6 This final rule revises the 2015 rule and generally carries over the policies and procedures found in the 1999 and 2015 rules , which implemented the equal opportunity and nondiscrimination provisions of WIA and WIOA, respectively. Like the 1999 and 2015 rules , this final rule is organized into subparts A through E. Purpose of the Regulatory Action CRC enforces Section 188 of WIOA, which prohibits exclusion of an individual from participation in, denial of the benefits of, discrimination in, or denial of employment in the administration of or in connection with any programs and activities funded or otherwise financially assisted in whole or in part under Title I of WIOA because of race, color, religion, sex, national origin, age, disability, or political affiliation or belief, or, for beneficiaries, applicants, and participants only, on the basis of citizenship status.

7 Or participation in a program or activity that receives financial assistance under Title I of WIOA. Section 188 of WIOA incorporates the prohibitions against discrimination in programs and activities that receive Federal financial assistance under certain civil rights laws, including Title VI of the Civil Rights Act of 1964 (Title VI) (prohibiting discrimination based on race, color, or national origin in programs and activities receiving Federal financial assistance),1 Title IX of the Education Amendments of 1972 (Title IX) (prohibiting discrimination based on sex in education and training programs receiving Federal financial assistance)

8 ,2 the Age Discrimination Act of 1975 (prohibiting discrimination based on age),3and Section 504 of the Rehabilitation Act (Section 504) (prohibiting discrimination based on disability).4 CRC interprets the nondiscrimination provisions of WIOA consistent with the principles of Title VII of the Civil Rights Act (Title VII),5 the Americans with Disabilities Act (ADA),6as amended by the Americans with Disabilities Act Amendments Act (ADAAA),7and Section 501 of the Rehabilitation Act,8which are enforced by the Equal Employment Opportunity Commission (EEOC); Executive Order 112469and Section 503 of the Rehabilitation Act,10which are enforced by the Department s Office of Federal Contract Compliance Programs (OFCCP).

9 Title VI of the Civil Rights Act, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act, which are enforced by each Federal funding agency; and Title IX, which is enforced by each Federal funding agency that assists an education or training program. CRC issued a notice of proposed rulemaking (NPRM) on January 26, 2016 , to implement the nondiscrimination and equal opportunity provisions of WIOA, informed by CRC s experience under the 1999 rule implementing WIA. CRC maintains regular contact with the regulated community, and this contact resulted in some of the changes to the 2015 rule that were proposed in the NPRM.

10 During the 60-day public comment period, CRC received 360 comments11on the proposed rule. Comments came from a wide variety of stakeholders, including State and local agencies; civil rights and advocacy groups, such as language access organizations, disability rights organizations, and organizations serving lesbian, gay, bisexual, and transgender (LGBT) individuals; religious organizations; and labor organizations. After a full review of the comments, CRC adopts this final rule incorporating many of the provisions proposed in the NPRM, with some modifications that are discussed in the Section-by-Section analysis below.